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Tag Archives: commercial loans

COMMERCIAL FINANCE 701 — A LIBOR Update: Here comes SOFR!

  Following the sounding of LIBOR’s death knell last summer, a flurry of governmental and industry activity culminated in the selection of SOFR as a replacement index rate for commercial loans.  Accordingly, a sequel of our August 2017 column “The Passing of LIBOR” is in order. London Interbank Offered Rate (LIBOR) Recall on July 27, 2017, the Brits prospectively announced ...

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COMMERCIAL FINANCE 701: The Passing of LIBOR

The death knell for LIBOR officially sounded on July 27, 2017, when the UK’s Financial Conduct Authority broadcast it would cease maintenance of the internationally-used interest rate benchmark beyond December 31, 2021.  The surprise announcement was surprising only as to the timing of the press release and the sunset date.  The Wall Street Journal dissed the rate back in 2008 ...

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COMMERCIAL FINANCE 701 — The powerless power of attorney

The long-awaited closing date on the $21.5million commercial construction loan is finally here.  Construction projects involve numerous moving parts. By the time a loan closing occurs, the out-of-pocket developer on the project awaits a hefty advance. The borrower, a Mississippi limited liability company, has two members – one of whom serves as the managing member.  The managing member is present ...

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COMMERCIAL FINANCE 701: Practical issues with multi-tiered entity structures

It is quite common – even vogue nowadays – for the ownership structure of a commercial project to include a chain of entities.  Even in a relatively straightforward commercial project, the resulting organizational chart can be convoluted.   (See Chart 1). The older ones among us grew up with corporations as the standard fare, which invariably included shareholders, a board ...

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COMMERCIAL FINANCE 701: The UCC, secured transactions & personal property liens

The Uniform Commercial Code (UCC) has swayed many a law student to question a future career in business law.  A semester of UCC law, using a small font, 3-inch thick textbook chock-full of tedious definitions and mind-numbing concepts, bores even an otherwise indefatigable accounting grad.  Our topic is limited to secured transactions. BACKGROUND.  A smidgen of background information on the ...

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COMMERCIAL FINANCE 701 — CRE loans, credit underwriting & the Feds in 2016

US banks didn’t have to wait long to learn the Feds’ thoughts on commercial real estate (CRE) loans in 2016.  On December 18, 2015, the trio of federal bank regulators – the Federal Reserve Board, FDIC, and the Comptroller of the Currency – issued a dismal harbinger entitled “Statement on Prudent Risk Management for Commercial Real Estate Lending.” The four-page ...

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COMMERCIAL FINANCE 701 — Syndications: a super-sized credit facility with multiple lenders

To fulfill whopping credit needs, a corporate borrower may need to avail itself of a syndicated loan.  This article attempts to define, distill and distinguish this divergent financing vehicle. What is a Syndicated Loan or Loan Syndication? As too common in business jargon, “syndicated loan” and “loan syndication” are not precisely defined or uniformly employed terms.  To get us started, ...

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COMMERCIAL FINANCE 701 — Enhancing a title policy with endorsements

Although often overlooked, title policy endorsements are an integral part of a commercial real estate title insurance policy.  These optional add-ons greatly enhance the coverage and protection provided to an insured owner or lender. My law partners Molly Jeffcoat Moody and Ben Williams, the usual authors of this column, discussed in a prior column the differences in title certificates, title ...

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COMMERCIAL FINANCE 701 — Appraisals, cap rates & loan dollars

An appraisal is one of the most significant obstacles to a competent developer’s obtaining a commercial loan.  Once received, the anticipated appraisal chiefly goes unread – except for a few critical numbers.  This article discusses appraisals, cap rates and loan dollars. What is an appraisal? Not surprisingly, the feds have their own definition of “appraisal.”  At 12 CFR 225.62, the ...

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COMMERCIAL FINANCE 701 — Participations: One loan and multiple banks

H igh dollar projects and banks’ house limits are major drivers of commercial loan participations.  This article addresses why and how banks join together to make a single commercial loan. What is a loan participation? A loan participation is an arrangement among banks in which one bank shares part of its loan with one or more banks.  The arrangement is ...

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